Senate File 2294 - Introduced
SENATE FILE
BY BOLKCOM
A BILL FOR
1 An Act relating to the establishment of energy districts.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 5690XS (3) 86
gh/sc
PAG LIN
1 1 Section 1. NEW SECTION. 385.1 Definitions.
1 2 For purposes of this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Board" means a board of directors of an energy district.
1 5 2. "District" means an energy district created pursuant to
1 6 this chapter.
1 7 3. "Energy improvement" means construction, rehabilitation,
1 8 acquisition, or modification of an installation in a facility
1 9 that is intended to reduce energy consumption or energy costs,
1 10 or both, or allow the use of alternate and renewable energy.
1 11 Sec. 2. NEW SECTION. 385.2 Energy districts formed.
1 12 1. A county, a county and one or more cities within that
1 13 county, or one or more cities in the same county may create,
1 14 by chapter 28E agreement, an energy district pursuant to this
1 15 chapter. A city located within the boundaries of more than one
1 16 county is eligible to participate in a district formed from one
1 17 of the counties where the city is located, and the district
1 18 shall serve the entire city.
1 19 2. The chapter 28E agreement shall include a map showing the
1 20 area and boundaries of the district.
1 21 3. A county or city is not required to participate in a
1 22 district or be a party to a chapter 28E agreement under this
1 23 chapter.
1 24 Sec. 3. NEW SECTION. 385.3 Duties.
1 25 An energy district may perform all of the following duties:
1 26 1. Provide technical assistance and energy planning
1 27 services to residents within the district relating to
1 28 opportunities for energy improvements, including identifying
1 29 sources for financial assistance.
1 30 2. Monitor and establish goals for energy usage and
1 31 production in the district.
1 32 3. Assist with compliance of the state building code energy
1 33 conservation requirements.
1 34 4. Take any action consistent with the goal of the state to
1 35 efficiently utilize energy resources in accordance with section
2 1 473.3.
2 2 Sec. 4. NEW SECTION. 385.4 Board of directors.
2 3 1. A district shall be governed by a board of directors.
2 4 If a district is created by one county or one or more cities,
2 5 the members of the board of directors shall be appointed by
2 6 the governing body of the county or city, as applicable. If a
2 7 district is created by a county and one or more cities, members
2 8 of the board of directors shall be divided among the county and
2 9 cities participating in the district and shall be appointed by
2 10 the governing bodies of the participating county and cities.
2 11 2. A board of directors shall consist of residents of each
2 12 county or city participating in the district. The chapter 28E
2 13 agreement shall specify the composition of the board and the
2 14 number of members on the board, which shall not be less than
2 15 three.
2 16 3. The directors shall serve staggered terms of four years.
2 17 The initial board shall determine, by lot, the initial terms
2 18 to be shortened and lengthened, as necessary, to achieve
2 19 staggered terms. A person appointed to fill a vacancy shall be
2 20 appointed in the same manner as the original appointment for
2 21 the duration of the unexpired term. A director is eligible
2 22 for reappointment. This subsection shall not apply if a
2 23 chapter 28E agreement entered into under this chapter provides
2 24 an alternative for the length of term, appointment, and
2 25 reappointment of directors.
2 26 4. A board may provide procedures for the removal of a
2 27 director who fails to attend three consecutive regular meetings
2 28 of the board. If a director is so removed, a successor shall be
2 29 appointed for the duration of the unexpired term of the removed
2 30 director in the same manner as the original appointment. The
2 31 appointing governing body may at any time remove a director
2 32 appointed by it for misfeasance, nonfeasance, or malfeasance
2 33 in office.
2 34 5. A board shall adopt bylaws and shall elect one director
2 35 as chairperson and one director as vice chairperson, each for a
3 1 term of two years, and shall appoint a secretary who need not
3 2 be a director.
3 3 6. A majority of the membership of a board of directors
3 4 shall constitute a quorum for the purpose of holding a meeting
3 5 of the board. The affirmative vote of a majority of a quorum
3 6 shall be necessary for any action taken by a district unless
3 7 the district's bylaws specify those particular actions of the
3 8 district requiring a greater number of affirmative votes. A
3 9 vacancy in the membership of the board shall not impair the
3 10 rights of a quorum to exercise all the rights and perform all
3 11 the duties of the district.
3 12 Sec. 5. NEW SECTION. 385.5 Activities coordination.
3 13 In all activities of an energy district, the district
3 14 may coordinate its activities with the department of natural
3 15 resources, the economic development authority, the department
3 16 of commerce, the department of public safety, and councils of
3 17 governments and regional and local agencies.
3 18 EXPLANATION
3 19 The inclusion of this explanation does not constitute agreement with
3 20 the explanation's substance by the members of the general assembly.
3 21 This bill authorizes a county, a county and one or more
3 22 cities within that county, or one or more cities within the
3 23 same county to create an energy district by Code chapter 28E
3 24 agreement.
3 25 The bill provides that a city located within the boundaries
3 26 of more than one county may participate in an energy district
3 27 formed from one of the counties where the city is located, and
3 28 the district shall serve the entire city. The Code chapter 28E
3 29 agreement establishing a district must include a map showing
3 30 the boundaries of the district.
3 31 The bill provides that an energy district may provide
3 32 technical assistance and energy planning services to
3 33 residents in the district relating to opportunities for energy
3 34 improvements, as defined in the bill, including identifying
3 35 financial assistance sources, monitor and establish goals for
4 1 energy usage and production, assist with compliance of the
4 2 state building code energy conservation requirements, and
4 3 take any action consistent with the state goal to efficiently
4 4 utilize energy resources in accordance with Code section 473.3
4 5 ("energy resource management goal").
4 6 The bill provides that an energy district shall be governed
4 7 by a board of directors who are residents of the district and
4 8 who are appointed by the governing bodies of the participating
4 9 county or cities, as applicable. Unless otherwise stated
4 10 in the Code chapter 28E agreement, directors are to serve
4 11 staggered terms of four years. A board may establish
4 12 procedures for the removal of a director who fails to attend
4 13 three consecutive meetings. The governing body that appointed
4 14 a director may at any time remove a director for misfeasance,
4 15 nonfeasance, or malfeasance in office. A board must adopt
4 16 bylaws. A majority of the membership of a board constitutes
4 17 a quorum for holding a meeting and the affirmative vote of a
4 18 majority is necessary for taking action. The agreement shall
4 19 specify the composition of the board and the number of members
4 20 on the board.
4 21 The bill provides that an energy district may coordinate
4 22 its activities with the department of natural resources, the
4 23 economic development authority, the department of commerce, the
4 24 department of public safety, and councils of government and
4 25 regional and local agencies.
LSB 5690XS (3) 86
gh/sc